Stewart's firm, Creekstone Farms Premium Beef LLC, wants to test all its slaughter cattle for mad cow disease. Its suit in U.S. district court in Washington, DC, would force the Agriculture Department to give it access to test kits for the brain-wasting disease.
The suit was applauded by consumer groups. But USDA, which convinced Japan to drop its own universal testing program, opposes private testing of cattle. Mad cow incubates for years, USDA says, and "is not detected in young animals," the bulk of the 35 million head of U.S. cattle slaughtered for meat each year.
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The Consumers Union, which has called for USDA to test all cattle over the age of 20 months for mad cow, said Creekstone should be allowed to test for the disease.
"The fact of the matter is our food system is not fool-proof," said Urvashi Rangan, a senior scientist and policy analyst for the consumer group. "There is plenty of room," she said, "for additional steps to be taken. Why not give companies the right to do that?"
Critics in the cattle industry said Creekstone was trying to hijack food safety regulations for financial advantage. The American Meat Institute, representing meatpackers, said BSE testing almost always is a government function worldwide.
Public health is protected not by mad-cow tests, a USDA spokesman said, but by federal rules that ban the use of cattle parts in cattle feed and require the removal from carcasses of older cattle the brains, spinal columns and nervous tissue most at risk of carrying the infective agent for mad cow.
Japan banned U.S. beef for two years following the first U.S. case of mad cow. It resumed purchases in late 2005 under stringent rules and suspended trade on January 20 after finding forbidden spinal material in a shipment of veal.
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In its suit, Creekstone challenged USDA's use of a 1913 law to prevent access to rapid-screening tests for mad cow. USDA does not allow private testing for BSE.
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